1839.

LAWS OF MARYLAND.

CHAP. 26.

Clerk to admin-

ister oath to

sheriff.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That it shall and may be lawful from and after
the passage of this act, for the clerks of the respective
county courts in this State, to administer the oath men-
tioned in the first section of said act, to the Sheriff of
each county in this State, at the time he makes his return
of jurors for the ensuing term of said respective courts, or
at the opening of said courts.

Repealed.

SEC. 2. And be it enacted by the General Assembly of
Maryland, That all that part of said section of said act,
as is repugnant to, or inconsistent with this act, be and the
same is hereby repealed; and this act shall go into opera-
tion from and immediately after its passage.

CHAPTER 26.

Passed Mar. 18,
1840.

A further supplement to the act relating to Mortgages.

Upon death of
mortgagee of
land, his int.
to devolve on
executor.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That upon the death of a mortgagee of land,
his interest and estate in the mortgaged premises, together
with his right to the debt thereby secured, shall devolve
on and vest in his executor or administrator.

Conveyance by

executor to be
valid.

SEC 2. And be it enacted, That a release or convey-
ance of mortgaged real estate made by the executor or
administrator of a deceased mortgagee, and executed, ac-
knowledged and recorded in the form prescribed by law,
for conveying or releasing real estate, shall have like effect
and operation as if the same had been made by the mort-

Proviso.

gagee in his life time; provided, that no such release or con-
veyance shall in any manner prejudice the right of any as-
signee of the debt secured by said mortgagee, who shall
claim the same under an assignment in writing, signed by
the mortgagee in his life time, and shall have possession
of the bond, note or other evidence of said debt, unless
such assignee shall be a party to the said release or con-

Release by as-
signee to have
like effect, &c.

SEC. 3. And be it enacted, That any release of mortga-
ged real estate, made in the form prescribed in the prece-
ding section, after the death of the mortgagee, by any as-
signee, of the debt secured by said mortgagee, claiming
an assignment in writing, signed by the mortgagor in his
lifetime, and having actual possession of the bond, note
or other evidence of debt, shall have like effect and opera-